- 1 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12860 OF 2026 BETWEEN: SHAFI, S/O.GAFOOR, AGED ABOUT 21 YEARS, RESIDING AT NO.13, 14TH CROSS, AECS LAYOUT, GEDDALAHALLI, SANJAYNAGAR, BENGALURU - 560 094. …PETITIONER (BY SRI. LOKESH A., ADVOCATE) AND: STATE OF KARNATAKA, BY HEBBAL P.S., REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRL.P. IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER WHO IS ARRAYED AS ACCUSED IN CRIME NO.66/2026 NOW CONVERTED AS SC.NO:901/2026 REGISTERED BY Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 RESPONDENT HEBBAL POLICE, PENDING BEFORE LIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-54), FOR THE OFFENCES PUNISHABLE UNDER AND SECTION-67(A) OF I.T ACT AND ALSO UNDER SECTION- 64 AND 351(2) OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in SC No.901 of 2026 pending before the Court of LIII Additional City Civil and Sessions Judge, Bengaluru (CH-54), arising out of Crime No.66 of 2026 registered by Hebbal Police Station, Bengaluru City for the offences punishable under Section 64 and 351(2) of BNS, 2023 and Section 67(A) of IT Act, 2000, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 3. FIR in Crime No.66 of 2026 was registered by Hebbal Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, based on the first information dated 18.03.2026 received from victim girl, aged 21 years. During the course of investigation of the case, the petitioner herein was arrested on 18.03.2026 and remanded to judicial custody. His bail application filed before the Trial Court in SC.No.901 of 2026 was rejected on 03.08.2026. Therefore, he is before this Court. 4. A reading of the first information dated 18.03.2026 submitted by the victim girl, aged 21 years would go to show that the petitioner and the victim both are classmates pursuing final year BA Degree course in Government College, Hebbal, Bengaluru. Victim has stated that she and the petitioner were loving each other and after her family members had advised her, she decided to discontinue her relationship with the petitioner. However, the petitioner was following her and pressuring her to continue loving him. On 23.12.2025, he allegedly came to - 4 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 her house and forcibly had sexual intercourse with her. While leaving her house, he had allegedly taken her mobile phone and on the guise of returning the said phone, he had summoned her and had sexual intercourse with her multiple times. On 16.03.2026, he allegedly posted the private photographs of the victim girl on her WhatsApp status by using the mobile phone, which he had in his possession. It is under these circumstances, the victim girl had approached the police on 18.03.2026 and based on her first information, FIR was registered against the petitioner herein. 5. The petitioner is a student having no other criminal antecedents and is in custody in the present case for the last more than 6 months. Investigation of the case is now completed and charge sheet is filed. The investigation material would go to show that since there was a delay in approaching the police after the alleged act of sexual assault was committed by the petitioner, no physical or biological evidence was found at the scene of - 5 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 crime and therefore, no such evidence was collected. The college in which the petitioner and the victim girl were studying has issued an endorsement, stating that the petitioner was pursuing his studies in the said college when the FIR was registered against him. 6. Considering the nature of allegations found against the petitioner and also having regard to the age of the parties who are students pursuing their final year degree, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SC No.901 of 2026 pending before the Court of LIII Additional City Civil and Sessions Judge, Bengaluru - 6 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 (CH-54), arising out of Crime No.66 of 2026 registered by Hebbal Police Station, Bengaluru City for the offences punishable under Section 64 and 351(2) of BNS, 2023 and Section 67(A) of IT Act, 2000, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 7 - HC-KAR CNR: KAHC010580662026 NC: 2026:KHC:51712 CRL.P No. 12860 of 2026 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 76